General Terms & Conditions

Article 1 Introduction

Below you will find our General Terms and Conditions. These always apply when you use or place an order through our Web shop, and they contain important information for you as a buyer. Therefore, read the General Terms and Conditions carefully. We also recommend that you save or print these General Terms and Conditions so you can read them again later.

Article 2 Definitions

2.1 Indian Gold BV: established in Reeuwijk and registered with the Chamber of Commerce (Kamer van Koophandel) with company number 24378832 trading under the name Indian Gold BV.
2.2 Website: the Indian Gold BV website which can be consulted via www.indiangold.nl and all related subdomains.
2.3 Customer: The natural or legal person, whether or not acting in the exercise of a profession or business, who enters into an agreement with Gold BV and/or has registered him/herself on the website.
2.4 Agreement: Any arrangement or agreement between Indian Gold BV and Customer, of which the General Terms and Conditions form an integral part.
2.5 General Terms and Conditions: these General Terms and Conditions.

Article 3 Applicability of General Terms and Conditions

3.1 The General Terms and Conditions apply to all offers, agreements and deliveries of Indian Gold BV, unless explicitly agreed otherwise in writing.
3.2 If a customer includes provisions or conditions in his order, confirmation or communication containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for Indian Gold BV if and insofar as they have been expressly accepted by Indian Gold BV in writing.
3.3 In case specific product or service conditions apply in addition to these General Terms and Conditions, those conditions also apply, but in case of conflicting conditions, the Customer can always invoke the applicable provision that is most favorable to him.

Article 4 Prices and Information

4.1 All prices stated on the Website and in other materials originating from Indian Gold BV are inclusive of VAT and, unless stated otherwise on the Website, other levies imposed by the government.
4.2 If shipping costs are charged, this will be clearly and timely stated before the actual conclusion of the agreement. In addition, these costs will be shown separately in the order process.
4.3 Orders which have a shipping address abroad (i.e., not in the Netherlands) will be charged with the shipping rates for this service as being defined by Indian Gold BV. This is clearly stated and displayed on the website.
4.4 The content of the Website has been compiled with the greatest care. Indian Gold BV however cannot guarantee that all information on the Website is always accurate and complete. All prices and other information on the Website and related to other materials from Indian Gold BV might therefore be subject to obvious programming and typing errors.
4.5 Indian Gold BV cannot be held responsible for (color) deviations due to screen quality.
4.6 Photos of the products displayed on the Indian Gold website are indicative only, no rights can be derived from them. The customer is aware that hair extensions are a natural product and that products can sometimes deviate accordingly.
4.7 All offers from Indian Gold are without obligation and Indian Gold reserves the right to change prices.
4.8 Indian Gold reserves the right to change packaging, the content of packaging, models and colors at all times.

Article 5 Formation of the Agreement

5.1 The Agreement is concluded at the moment of acceptance by the Customer or Professional of Indian Gold BV 's offer and compliance with the terms and conditions set by Indian Gold BV.
5.2 If the Customer has accepted the offer electronically, Indian Gold BV will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.
5.3 If it turns out that incorrect information was provided by the Customer when accepting or otherwise concluding the Agreement, Indian Gold BV has the right to fulfill its obligation only after the correct information has been received.
5.4 Indian Gold BV can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, Indian Gold BV has good reasons not to enter into the Agreement, the company is entitled to refuse an order or request with reasons, or to attach special conditions, such as prepayment, to the actual execution.

Article 6 Registration 

6.1 To make optimal use of the Website, the Customer can register him/herself via the registration form / account registration option on the Website.
6.2 During the registration process, the Customer chooses a username and password with which he can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.
6.3 The Customer must keep his login details, his username and password strictly confidential. Indian Gold BV is not liable for misuse of the login data and may always assume that a Customer who logs on to the Website is actually the Customer who owns that username and password. Everything that happens via the account of Customer falls under the responsibility and risk of the Customer.
6.4 If the Customer knows or suspects that his login details have fallen into the hands of unauthorized persons, he must change his password as soon as possible and / or inform Indian Gold BV thereof, so Indian Gold BV can take appropriate measures.

Article 7 Performance of the Agreement 

7.1 As soon as the order has been received by Indian Gold BV, Indian Gold BV will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
7.2 Indian Gold BV is entitled to engage third parties to perform the obligations arising from the Agreement.
7.3 The delivery time is in principle 1-2 business days. Nevertheless, under no circumstance Indian Gold BV can be held liable for compensation of costs or damage due to exceeding the delivery time. The delivery method can take place in different ways and is at the discretion of Indian Gold BV.
7.4 If Indian Gold BV cannot deliver the products within the agreed period, they will inform the Customer thereof. In that case, the Customer can agree to a new delivery date or he will be given the option to terminate the Agreement free of charge.
7.5 Indian Gold BV shall not be liable for any delays caused by the delivery party and which have been caused outside the control of Indian Gold BV (i.e. force majeur).  
7.6 Indian Gold BV advises the Customer to inspect the delivered products and to report any defects (Deviations of color, texture and/or model, insofar acceptable are not considered to be defects) within a reasonable time, meaning within 8 days, preferably via mail. Also read the Article about warranty and conformity.
7.7 As soon as the products to be delivered have been delivered to the specified delivery address, the risk regarding these products will be transferred to the Customer. If explicitly agreed otherwise, the risk will be transferred to the Customer earlier. If the Customer decides to collect the products, the risk transfers when the products are transferred.
7.8 Indian Gold BV is entitled to deliver a similar product of a similar quality as the ordered product if the ordered product is no longer available. The customer is then entitled to terminate the agreement free of charge and to return the product free of charge.
7.9 Loss, theft or any other damage occurred during the transport will be compensated by Indian Gold BV, provided that clear evidence can be provided and the shipment has not been sent by regular mail at the request of the Customer, whereby Indian Gold BV will clearly state it concerns the Customer’s own risk.
7.10 Products that are not in stock, will not automatically be shipped at a later stage. Indian Gold will inform the buyer of the out-of-stock product within 5 business days. The buyer then has the option to cancel the order.

Article 8 Right of withdrawal/return

8.1 The Customer has the right to terminate the distance agreement concluded with Indian Gold BV free of charge within 14 days after receipt of the product, without stating reasons. The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product,or:

  • when the order of the Customer consists of multiple products within one order: the day on which the Customer, or a third party designated by him has received the last product;
  • when the delivery of a product consists of different shipments or parts: the day on which the Customer, or a third party designated by him has received the last shipment or last part;
  • when agreements for a regular delivery of products during a determined period have been made: the day on which the Customer, or a third party designated by him has received the first product.

8.2 The direct costs for the return shipment are for the account of the Customer. The Customer must therefore bear the return costs himself.

8.3 Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and the packaging with care. The Customer will only open the package and only use the product to the extent necessary to check the specifications, the characteristics, and the functionality of products. The basic principle here is that this inspection may not go further than what the Customer could do in a physical store. Especially for Customers acting in the exercise of their profession or business, products can only be returned unused and in an unopened packaging. Of course, the provisions of Article 8.8 apply.
8.4 Customer is only liable for value reduction of the product when it is the result of a way of handling the product that goes beyond what is permitted in the previous paragraph.
8.5 The Customer may terminate the Agreement in accordance with the period specified in paragraph 1 of this Article by sending a mail to Indian Gold BV (info@indiangold.nl) containing at least name, invoice number and the reason for return. Mails which are not containing the aforementioned information can unfortunately not be handled. Indian Gold BV will confirm a digital notification when this notification has been received. Upon termination of the agreement Customer still has 7 days to return the product.   
8.6 All amounts paid (in advance) by the Customer will be reimbursed to the Customer as soon as possible, but no later than within 14 days after the termination of the Agreement. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Indian Gold BV is not obliged to reimburse the additional costs for the more expensive method. Unless Indian Gold BV offers to collect the product itself, Indian Gold BV may wait to repay until Indian Gold BV has received the product or until the Customer demonstrates that he has returned the product, whichever is earlier.
Indian Gold BV is not liable for loss or delay of return shipments.
8.7 Information about whether or not the right of withdrawal is applicable and which desired procedure needs to be followed, will be clearly stated on the Website and well in advance of the Agreement conclusion.
8.8 The right of withdrawal does not apply to:

  • Products which have been manufactured in accordance with the specifications of the Customer;
  • Products, including all hair extension products, that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken or damaged after delivery.

Article 9 Payment 

9.1 The Customer must make payments to Indian Gold in accordance with the payment methods specified in the order procedure and possibly on the Website. Indian Gold BV is free to choose the payment methods and these may also change from time to time. In the event of a pay after delivery payment, the Customer has a payment period of 14 days starting one day after the delivery.
9.2 If the Customer does not meet his payment obligation (s) in time, this is, after he has been informed by Indian Gold BV of the late payment and Indian Gold BV has granted the Customer a period of 14 days to still meet his payment obligations, after failing of payment within this 14-day period, the statutory interest on the outstanding amount and Indian Gold BV is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of 15% on outstanding amounts up to € 2,500, then 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. Indian Gold BV may deviate from the stated amounts and percentages for the benefit of the Customer. 

Article 10 Warranty and conformity

10.1 This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If Indian Gold BV gives a separate warranty on the products, this applies, without prejudice to the above, for all types of Customers.
10.2 Indian Gold BV guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Indian Gold BV also guarantees that the product is suitable for other than normal use.
10.3 Products can be exchanged within fourteen (14) days of the invoice date, provided that the seal of the packaging is not broken, damaged, re-taped, etc. The customer is aware that hair products fall under the cosmetics group and that, due to hygienic reasons, they do not have to accepted by Indian Gold for exchange if the packaging is broken, damaged, resealed etc.
10.4 Indian Gold only repays money or exchanges products if article 10.3 is complied with.
10.3 A warranty provided by Indian Gold BV, manufacturer or importer does not affect the legal rights and claims that the Customer already has and which he can invoke as part of the Agreement.
10.4 If the delivered product does not comply with the Agreement, the Customer must notify Indian Gold BV of this within a reasonable period after he has discovered the defect.
10.5 If Indian Gold BV considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation is, with due observance of the Article regarding liability, equal to the price paid by the Customer for the product.
10.6 No warranty is or will be given on the placement and the dyeing of our hair extension products.  

Article 11 Complaint procedure

11.1 If the Customer has a complaint about a product (in accordance with the warranty and conformity article) and / or about other aspects of Indian Gold's services, he can submit a complaint to Indian Gold by telephone, e-mail or post. See the contact details at the bottom of these General Terms and Conditions.
11.2 Complaints about the quality of our products need to be filed in writing within thirty (30) days of the purchase date. The notice should contain as detailed a description as possible of the shortcoming. If within this reasonable period of time no complaint has been filed, Indian Gold will no longer bear any responsibility with regard to any defect.  
11.3 Indian Gold only handles complaints filed by the official buyer, as known in our client database.  
11.4 The buyer is obliged to offer his full cooperation necessary for Indian Gold to resolve the complaint in all reasonableness.
11.5 To properly handle the complaint, the Customer is obliged to return all products/hair extensions within thirty (30) days of the purchase date. Products which are not returned within this reasonable period of time will not be eligible for complaint handling. Loose extensions or partial deliveries will not be eligible for complaint handling. 
11.6 If there is any doubt about the product during the treatment, the treatment should be discontinued immediately, and Indian Gold should be contacted.
11.7 Products which have already been chemically treated are not eligible for complaint handling.
11.8 The chemical treatment (a.o. dyeing, perming etc.) of the hair is at the buyer’s own risk.
11.9 The hair extension coloring with silver shampoo or another color changing product is at the buyer’s own risk. 
11.10 Indian Gold does not guarantee the wrong color or texture choice of the Customer.
11.11 Indian Gold does not guarantee a mounting system which is not experienced as pleasant by the Customer.
11.12 Indian Gold does not guarantee incorrect use / care of products.
11.13 Indian Gold is not liable for the labor of third parties.
11.14 Cutting the keratine bondings is at the buyer’s own risk.  
11.15 Cutting the hair band of a HairWeft into pieces is at the buyer’s own risk. The HairWeft guarantee on hair loss will lapse.  
11.16 Return shipments do not guarantee reimbursement.
11.17 The Customer is expected to take his / her own responsibility when a problem arises for which Indian Gold is not to blame.
11.18 The Customer is expected to report a complaint in all fairness. In the event of distorted facts, Indian Gold will not process the complaint or discontinue the investigation.
11.19 Indian Gold is entitled to no longer deliver its products to customers who are not acting in good faith.
11.20 A Compensation consists exclusively of the same product as the purchased product and will not be provided in cash or will not include costs incurred to third parties. If a product is no longer in stock, a voucher will be created with an equal value of the purchased product. This voucher can be used freely in the web shop of Indian Gold.
11.21 Rejected complaints are not subject to discussion or further communication.
11.22 Indian Gold BV replies to the Customer’s complaint as soon as possible, but in any case within 7 days of the complaint receipt. If for some valid reason it is not yet possible for Indian Gold BV to provide a contextual or definite reply, Indian Gold BV will confirm the delay within 7 days of the complaint receipt and will provide an indication of the period within which Indian Gold BV expects to be able to provide a contextual or definite reply to the Customer’s complaint.

Article 12 Liability

12.1 Article only applies if the Customer is a natural or legal person acting in the exercise of his profession or business.

12.2 The total liability of Indian Gold s BV towards the Customer due to attributable shortcoming in the fulfillment of the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT).
12.3 Indian Gold BV shall never be liable for indirect damage including but not limited to consequential damage, loss of profit, lost savings and damage due to business stagnation.
12.4 Apart from the cases referred to in the previous two paragraphs of this Article, Indian Gold BV’s has no liability whatsoever towards the customer for compensation, regardless of the ground on which an action for compensation would be based. However, the limitations of liability for direct damage contained in the present terms and conditions shall not apply if the damage is due to intentional act or omission or gross negligence on the part of Indian Gold BV.
12.5 The liability of Indian Gold BV towards the Customer due to an attributable failure to fulfill the Agreement only arises if the Customer immediately and properly declares Indian Gold BV in default in writing, with a reasonable term being set for fulfillment or remedy of the failure after all, and Indian Gold BV also continues to fail to fulfill its obligations after this reasonable term. The notice of default must contain a description of the failure that is as detailed as possible, allowing Indian Gold BV to respond adequately.
12.6 One condition to exercise the right of compensation is that the Customer must make his damage claim in writing as soon as possible, but certainly no later than 30 days, after the occurrence of the damage.
12.7 In case of force majeure, Indian Gold BV is not obliged to pay compensation for any damage, as a result of this force majeure, caused to the Customer.

Article 13 Indemnification

13.1 The buyer must indemnify Indian Gold against all liability that could rest on Indian Gold towards third parties with regard to the goods delivered by Indian Gold.
13.2 In some scientific essays, scientists seem to claim that hair extensions could damage your own hair and scalp. These claims however have been contradicted in other essays, in which it is clearly proven and stated that if damage occurs, this damage can also be caused by improper use of the hair extensions.
Therefore, no unambiguous scientific evidence exists about the possible damage caused by hair extensions and/or improper use of hair extensions.
b. In addition to the aforementioned, Indian Gold explicitly states that it cannot be held liable in any way for any form of damage, including physical or psychological damage, that may result from the use of hair extensions.  
c. The use of hair extensions and/or the related accessories, delivered by Indian Gold, is entirely at your own risk.
d. Indian Gold is not responsible for the labor of third parties, including but not limited to processing products delivered by Indian Gold.

Article 14 Retention of title

Ownership of the delivered products by Indian Gold BV remains with Indian Golden BV and is not transferred to the Customer until the Costumer pays the agreed upon sum in full.

Article 15 Personal data

Indian Gold BV processes the personal data of the Customer in accordance with the privacy policy published on the Website.

Article 16 Copyright

All copyrights and other intellectual property rights related to the Indian Gold BV website may not be copied without permission.

Article 17 Final provisions

17.1 This Agreement shall be exclusively governed by the Dutch laws.
17.2 All disputes arising from these Terms and Conditions, any quotation or offer made by Service provider or any Agreement, including disputes regarding its existence and validity, that the Parties cannot resolve in mutual consultation, shall be settled by the competent court in the Dutch district in which Indian Gold BV is located.
17.3 If one of the provisions of these general terms and conditions is invalid, void or otherwise unenforceable, this will not affect the effect of the other provisions in these general terms and conditions. In this case the parties will determine (a) new provision(s), thus trying to resemble the intention of the original provision as much as legally possible. 
17.4 In these General Terms and Conditions, “in writing” also includes communication by e-mail, provided that the identity of the sender and the integrity of the e-mail are sufficiently determined.

Contact details

If you would have any questions, complaints or remarks upon reading these General Terms and Conditions, do not hesitate to contact us in writing or by e-mail.

Indian Gold BV
Postbus 56
2810 AB Reeuwijk
tel 0031611 91 44 08
info@indiangold.nl
KvK 24378832
BTW NL82.15.80.231.B01